Man accused of shattering windshield with ice from truck says he was never there

Jerry McCrea/The Star-LedgerKristopher Heine of Fredon reacts while listening to his defense attorney, Gary Kramer, during his trial in Sparta Municipal Court. Heine is accused of failing to remove snow or ice from his van, owned by Heine Plumbing and Heating of Newton, which allegedly crashed through the windshield of a woman's car.

A Sussex County man accused of failing to remove ice from his truck that later flew off and crashed through the windshield of a woman's car said today it would have been impossible for him to be at the scene of the accident, based on police reports.

Testifying on his own behalf, Kristopher Heine, a technician for John H. Heine Plumbing & Heating of Newton, also disputed claims made by Cheryl Desiderio-Huberdeau, who testified at the trial on Feb. 9 that she saw a clean-shaven Heine driving the business truck as he was passing her just prior to the accident.

“I had a full, face-covering beard. It was thick,” Heine told Sparta Municipal Court Judge John Mulhern. “I never met her or saw her vehicle prior to the court appearances,” said the 29-year-old Fredon man, whose father, John, owns the plumbing and heating business.

After receiving his motor vehicle summons in the mail, Heine testified that he drove the vehicle, a 2009 Dodge Ram purple box truck, three times from the scene of the accident on Glen Road in Sparta to where he was stopped by Jefferson police on Berkshire Valley Road in an effort to prove his innocence.

He said Desiderio-Huberdeau called 911 from the scene at 12:41 p.m. and he was stopped, eight miles away, at 12:51 p.m., unaware that anything had fallen from his vehicle.

But Heine, which he admitting he was on another section of Glen Road, several miles farther south at the time of the accident, said it took him between 17 and 19 minutes to travel that distance on his three test runs.

“The truck is very slow. The road has a lot of steep hills,” said Heine, adding that he could only drive 20 to 25 mph on the road, which has a posted speed limit of 45 p.m.

Desiderio-Huberdeau, 53, was treated at a hospital for cuts to her face following the accident, which occurred Jan. 24, 2011. Doctors also removed glass from her eyes. Her attorney, Daniel Marchese, said he expects to file a civil lawsuit on behalf of his client against the Heines.

Heine was one of 3,645 motorists in New Jersey charged with failing to remove ice or snow from their motor vehicles since an amended motor vehicle statute took effect on Oct. 20, 2010.

Driving with snow on the roof, hood or trunk of your vehicle is punishable by fines ranging from $25 to $75. When that snow or ice results in injury or damage, the fines range from $200 to $1,500.

Mulhern is expected to reach a verdict in the case when the municipal court trial reconvenes on March 22.